Several members have brought forward to the court arguments that have a uniform background of dealing with the position of the FIA in the sport, and how its activities affect the fans of the sport. The court has chosen to bring these arguments together in a case known as Fans vs FIA, and to divide this case into three distinct subcases for which separate hearings will take place.
Subcase B : That the FIA Sporting and Technical Regulations serve, either by accident or design, to reduce the quality of racing in Formula One.
The judges residing on this trial are Baddog and David Martin.
For the purposes of this trial, the quality of racing is defined in terms of the gap in performance between the top teams and the average teams, and also by the amount of overtaking that is possible in dry conditions between cars of approximately equal performance.
This case shall examine whether the FIA Technical and Sporting Regulations are responsible for the current situation where there is very little overtaking in Formula One when compared to previous eras. It will also determine whether the technical regulations reinforce the hierarchy of top teams, preventing smaller teams from innovating to the top of the grid.
However, the prosecution cannot criticise a regulation when its clear intent and demonstrated outcome was to improve safety, unless of course they can discover an equivalent regulation that equally improves safety but does not reduce the quality of racing.
Firstly, the court seeks statistical or anecdotal evidence to determine whether the quality of racing has in fact deteriorated when compared to previous eras, and also whether safety has in fact been improved. These data are essential background material.
The court seeks claims made against particular FIA regulations, such as the introduction of refuelling, grooved tyres, or regarding the aerodynamics of the cars.
The court seeks information about the impact of technological changes, such as engine electronics or carbon brakes, upon the quality of racing in Formula One, and whether the FIA can or should regulate these inevitable improvements in technology.
The court seeks evidence on how changes in track design have deteriorated the quality of racing, in particular with regard to chicanes, and whether these changes have met the safety goals set out for them.
This case will open on 16 January, after which hearing will be open for 2 weeks (14 days). No later than 7 days after the end of the hearing, the judges will post their verdict.